Public Servants Inventions Regulations (C.R.C., c. 1332)

Short Title

1 These Regulations may be cited as the Public Servants Inventions Regulations.

Report of Invention to Minister

2 Every public servant who invents an invention shall furnish to the appropriate Minister, in addition to any information required by the appropriate Minister under paragraph 4(1)(a) of the Public Servants Inventions Act, hereinafter referred to as the Act, a statement, in Form 1 of the schedule,

• (a) giving information in respect of the matters set out in that form; and

• (b) setting out such information as may be useful in determining whether the invention is vested in Her Majesty by the Act.

3 A question as to whether an invention is vested in Her Majesty by the Act is, for the purposes of subsection 5(1) of the Act, deemed to have arisen and to have been referred to the appropriate Minister on the date that the public servant who invented the invention furnishes to that Minister, or an officer designated by him, a statement in Form 1 of the schedule completed as required by section 2.

Determination by Minister

• 4 (1) A determination by the appropriate Minister under section 5 of the Act in respect of an invention is, for the purposes of that section, deemed to be made on the day on which a certificate in Form 2 of the schedule is

  • (a) delivered personally to the inventor; or

  • (b) received by the inventor by registered mail.

• (2) A certificate described in subsection (1) that is sent by registered mail to an inventor at his latest known address is deemed to have been received by him,

  • (a) if the latest known address of the inventor is in Canada, three days after the day on which the certificate was so sent to him; and

  • (b) if the latest known address of the inventor is not in Canada, seven days after the day on which the certificate was so sent to him.

• 5 (1) Where an application for a patent for an invention has been filed with the Patent Office and any question arises as to whether or not the invention is vested in Her Majesty by the Act, the appropriate Minister shall, on being informed by the Patent Office of the filing of the application, file with the Patent Office a certificate in Form 2 of the schedule of any determination made by him under section 5 of the Act in respect of the invention.

• (2) A certificate in Form 2 of the schedule that is filed with the Patent Office forms part of the application for a patent for the invention to which the certificate relates.

6 A certificate in Form 2 of the schedule purporting to be signed by the appropriate Minister or person authorized by him is admissible in evidence without any proof that the person so signing is the appropriate Minister or person or of the signature of the Minister or person.

Appeals and Applications to Federal Court

• 7 (1) Subject to subsection (2),

  • (a) an appeal under subsection 5(2) of the Act or an application under subsection 5(3) of the Act shall be instituted in the manner provided by section 48 of the Federal Courts Act for instituting a proceeding against the Crown; and

  • (b) section 48 of the Federal Courts Act and the Federal Court Rules are applicable to such an appeal or application as though it were a proceeding instituted under section 48 of the Federal Courts Act.

• (2) In a proceeding instituted under this section, the words “NOTICE OF APPEAL” or “APPLICATION”, as the case may be, shall be substituted for the words “STATEMENT OF CLAIM” or “DECLARATION” where they appear in Schedule A of the Federal Courts Act.

8 Where a public servant files an application for a patent and

• (a) the appropriate Minister or the Federal Court of Canada has determined that the invention is vested in Her Majesty, or

• (b) it is stated in the application that the invention is vested in Her Majesty,

the patent issued pursuant to the application shall be issued in the name of Her Majesty unless the appropriate Minister, pursuant to section 8 of the Act, waives, abandons or transfers the Canadian or all rights in respect of the invention vested in Her Majesty.

Waiver, Abandonment or Transfer of Rights

• 9 (1) Where an application for a patent has been filed in Canada for an invention vested in Her Majesty by the Act and the appropriate Minister, pursuant to section 8 of the Act, waives, abandons or transfers any of the Canadian ownership rights in respect of the invention, the appropriate Minister shall execute an instrument accordingly and register a copy thereof with the Patent Office.

• (2) An instrument referred to in subsection (1) shall, where applicable, be in Form 3 of the schedule.

10 Every instrument executed pursuant to section 8 of the Act that affects the rights of an inventor shall be delivered personally to the inventor or sent to him by registered mail at his latest known address.

Forms

11 An application for a patent for an invention made by a public servant alone or in conjunction with any other person shall be in Form 4, 5, 6 or 7 of the schedule wherever and to the extent that such form is applicable.

Notification of Signing Authority

12 The appropriate Minister shall keep the Patent Office informed at all times of the name and position of every person who, for the purposes of these Regulations, may sign documents on his behalf.

13 [Revoked, SOR/93-296, s. 1]

Public Servants Inventions Committee

• 14 (1) There shall be a committee called the Public Servants Inventions Committee consisting of a representative from each of the following:

  • (a) Department of Consumer and Corporate Affairs;

  • (b) Department of Energy, Mines and Resources;

  • (c) Department of Justice;

  • (d) National Research Council of Canada;

  • (e) Canadian Patents and Development Limited;

  • (f) Atomic Energy Control Board;

  • (g) Atomic Energy of Canada Limited;

  • (h) Treasury Board;

  • (i) Department of National Defence;

  • (j) Department of Communications;

  • (k) Department of the Environment;

  • (l) Department of Supply and Services; and

  • (m) Department of Industry, Trade and Commerce.

• (2) The Public Servants Inventions Committee shall

  • (a) act in an advisory capacity in respect of the administration of the Act and these Regulations;

  • (b) on request, assist any Minister in determining an amount of an award; and

  • (c) on request, act in an advisory capacity to departments on matters pertaining to general patent policy.

• (3) The representative of the Department of Consumer and Corporate Affairs shall act as the chairman of the Public Servants Inventions Committee and the representative of the Treasury Board shall act as the secretary of the Committee.